Terms And Conditions

ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all: (a) Identity Protect related transactions between you and Intelius ("Intelius") including, but not limited to, your purchase of any credit reports, credit scores, and credit monitoring services (collectively, the "Products"); (b) your access to and use of any websites located at www.Intelius.com/idprotect and related web pages (the "Product Websites"); and (d) your access to and use of credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content").

YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, PRODUCT WEBSITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, PRODUCT WEBSITE, OR CONTENT AND DISCARD ANY PRODUCTS YOU RECEIVE IMMEDIATELY AND CALL CUSTOMER SERVICE AT 877 974 1563 TO CANCEL YOUR MEMBERSHIP.

This Agreement may be updated from time to time. Online customers should check www.Intelius.com/idprotect regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products, Product Websites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement as found on www.Intelius.com/idprotect.

USE OF THE PRODUCTS

In consideration of your order of, access to, and/or use of any Product, Product Website, and/or Content you agree to provide true, accurate, complete and current information about yourself when prompted to do so by the registration and application forms or requested to do so by Intelius. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if Intelius has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Intelius, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Product Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Product Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that Intelius will not be liable to you or any third party if Intelius suspends or terminates your order of, use of, or access to any Product, Product Websites or Content, or any portion thereof, for any reason.

ARBITRATION

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND Intelius, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU NOR Intelius SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

FCRA DISCLOSURES

The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:

You have been denied credit, insurance or employment in the past 60 days as a result of your report

You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification

You are a recipient of public welfare assistance

You have reason to believe that your file at the agency contains inaccurate information due to fraud

The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from Intelius to dispute inaccurate or incomplete information in your credit file or to receive a copy of your consumer disclosure from either Equifax, Experian and/or TransUnion.

The credit report you are requesting from Intelius is not intended to constitute the disclosure of information from either Equifax, Experian and/or TransUnion required by the FCRA or similar state laws.

The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax, and TransUnion) once every 12 months through a central source. Although comprehensive, the credit reports available from Intelius may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. Intelius's Products are not related to the free FCRA disclosure that you are or may be entitled to.

MODIFICATION OF PRODUCTS

Intelius may, at its discretion, modify or discontinue any of the Products, Product Websites or Content, or any portion thereof, with or without notice. You agree that Intelius will not be liable to you or any third party for any modification or discontinuance of any of the Products, Product Websites or Content.

NOTICE OF PROSECUTION

For online customers, access to and use of password protected and/or secure areas of the Product Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product Websites may be subject to prosecution.

Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.

SECURITY MEASURES AND AUTHENTICATION

Because Intelius uses security measures designed to protect your privacy and to safeguard your information, Intelius may not always be able to successfully provide Products to you, including instant online delivery of your credit report for online customers.

PERSONAL INFORMATION

Intelius may use your personal information to the extent necessary to process your order and/or provide to you the Products you have ordered.

REVIEW AND RECEIPT OF PRIVACY NOTICE

By submitting your order, you acknowledge receipt of our Privacy Notice and agree to its terms.

ON-LINE REQUIREMENTS

For the best experience, a recent version of Internet Explorer, Firefox, Safari, or Google Chrome is recommended. As an online customer, you are agreeing to receive all notifications via email at the email address on file with Intelius. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.

NO WARRANTY BY INTELIUS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PRODUCT WEBSITES AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. INTELIUS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM INTELIUS DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. INTELIUS MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT INTELIUS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR MEMBERSHIP BENEFITS, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN IF INTELIUS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF LIABILITY IS IMPOSED UPON INTELIUS THEN YOU AGREE THAT INTELIUS' TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM INTELIUS' ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO INTELIUS FOR THE PRODUCT(S) YOU PURCHASE FROM INTELIUS.

NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT

Intelius offers you access to your credit report and score and other credit information. Intelius and its affiliates are not credit repair organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Products, Product Websites, and Content in order to do so.

Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate information is provided without charge to you and is available for free. Any such information is not included as part of your credit monitoring product but is provided free of charge to all consumers, regardless of whether they are members of the credit monitoring product.

REGISTERING FOR ANY PRODUCT

To request a credit report or score, or purchase any Product, you must have an address within the United States, provide a valid Social Security number, address, email address and date of birth and agree to be bound by these Terms and Conditions. In some circumstances, you may need to provide a valid telephone number so that Intelius can process your order. You must provide valid credit card information. Intelius will then evaluate your complete registration information.

You may be charged the applicable taxes in addition to the monthly fee and/or the price of the product.

CREDIT MONITORING - ADDITIONAL TERMS AND CONDITIONS

Your membership in our credit monitoring service is effective for the period covered by your membership fee and continues upon your payment of the monthly renewal fee until you cancel. Monthly renewal fees for your membership will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, on the first day of each successive membership term which is approximately every 30 days after the 8th day following your enrollment (you are not charged for the first 7 days), until you cancel your membership. You may cancel the service at any time by visiting the My Account tab on your dashboard or calling our customers service department at 877 974 1563. Should you choose to cancel your membership for any reason before expiration of the then applicable membership term for which you have paid, your service will continue through the month for which you have paid and you will not be further billed. However, you will not be eligible for a prorated refund of any portion of your paid monthly membership fee for the month during which you canceled our service. Intelius reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership. If any such change is made, Intelius will provide you with prior notice of the change sent to your e-mail address on file with Intelius.

You may only obtain one free credit report and 7 day trial. If you cancel before the end of the 7 day trial and then re-enroll in the service you will be charged $19.95 plus tax where applicable to reactive, and then charged $19.95 plus tax where applicable approximately every 30 days from your reactivation date.

Please note, there are different data processing times for the three credit reporting agencies. Enrollment in credit monitoring can take up to 7 days with all three credit reporting agencies. Intelius does not control and is not responsible for these enrollment times.

Credit Monitoring Membership With Free Seven Day Trial: You will be asked for valid credit card information when you sign up for the free credit report and 7 day trial. Intelius will verify your credit card information before processing your order. An authorization in the amount of one dollar will be performed on your credit card, to make sure it is valid and in good standing, but Intelius will not actually bill your card until the seven day free trial period has passed without you first cancelling your membership. However, the one dollar authorization may count against your credit or debit limit. If you do not cancel your free trial membership within 7 days of the date you placed your order, your membership will continue automatically and the monthly fee of $19.95 plus tax where applicable will be billed to the credit card or other billing source provided by you when you enrolled in credit monitoring, on the first day of each successive 30 day term.

COPYRIGHTS

All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of Intelius or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of Intelius or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent.

WAIVER OF CLASS ACTION AND JURY TRIAL AND CONSENT TO BINDING ARBITRATION.

In any legal proceeding relating to your use of the Product Websites, the Products, and the Content, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to your use of the Product Websites, the Products, and the Content shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association.

ENTIRE AGREEMENT

These Terms and Conditions, the Privacy Policy, and other policies Intelius may post constitute the entire Agreement between Intelius and you in connection with your use of the Product Websites, the Products, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. Intelius may update these Terms and Conditions from time to time by posting revised Terms and Conditions on the Product Websites, or by mailing an updated copy to the most recent address you have provided to Intelius, without notice to you, and your subsequent use of the Products, Product Websites, and/or Content is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by Intelius. In the event of termination, the Intellectual Property, Disclaimers, Waiver of Class Action and Jury Trial and Consent to Binding Arbitration and Limitations of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Product Websites or otherwise, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.